LEGAL PRINCIPLE: EVIDENCE LAW – Presumption of Fact – Presumption under Section 148(a) of the Evidence Act Regarding Possession of Recently Stolen Goods

Section 148(a) creates a rebuttable presumption aiding theft prosecution. Requirements: (1) Goods were stolen; (2) Accused is found in possession of the goods; (3) The possession is recent (relative to the theft). When these elements exist, law presumes: the possessor stole the goods, or received them knowing they were stolen (handling stolen property). “Recently stolen” depends on circumstances—hours, days, or weeks, considering: the goods’ nature, likelihood of circulation, and disposal opportunities. The presumption shifts evidential burden to the accused to explain possession. Acceptable explanations: purchased from someone believed legitimate, found the goods, received as gift without knowledge of theft, or other innocent explanations. Unrebutted presumption supports conviction. This presumption serves: addressing difficulty proving who stole property (thief rarely caught in act), recognizing that recent unexplained possession strongly suggests guilt, and requiring possessors to account for how they acquired recently stolen goods. However, it’s rebuttable—accused can adduce evidence explaining innocent possession. The presumption addresses probative difficulty while maintaining fairness through rebuttal opportunity